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9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(i)). <br />10. The Division estimates the reclamation liability for mining operations in this permit revision <br />to be $5,042,302.00. The Division currently holds a $5,042,302.00 performance bond, in <br />the form of a self bond, for the New Horizon Mine. <br />11. The Division has made a positive determination for the presence of prime farmland <br />within two portions of the permit area. The determinations are based on letters from the <br />USDA National Resource Conservation Service as described in Section III. E1 - Prime <br />Farmland Determination of this document. Details regarding these determinations are <br />provided in Section B. XVIII of this Findings document (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />(AVFs) within the permit area. This determination is based on information provided by <br />the applicant that demonstrates that the aeolian and sheetwash material along Tuttle and <br />Calamity Draws does not meet the geomorphic criteria for AVFs. AVFs along the San <br />Miguel are more than two and one-half miles away and will not be impacted by the <br />New Horizon Mines. For additional specific findings concerning this alluvial valley <br />floor, see Section B, XVII. (2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division hereby approves the post-mining land uses of the operation. It was <br />determined that cropland - irrigated alfalfa hay, irrigated pastureland, pastureland - <br />irrigated swales, dryland pasture, rangeland - undisturbed, developed water resource - <br />ponds, commercial - roads, and commercial facilities meet the requirements of Rule 4.16 <br />for the permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the following section, Section B (2.07.6(2)(m)). <br />15. Two federally listed endangered species were recorded in the original baseline survey, <br />and as of this date, only the bald eagle is listed as a threatened species. An adult <br />peregrine falcon was observed; however, the nesting area is the Dolores River canyon <br />located 40 miles away. Therefore, it is not anticipated that impacts will occur to this <br />species as a result of mining activities. <br />The bald eagle has been identified as a winter resident in the San Miguel River Valley. <br />No communal roosting and/or feeding areas were identified. Therefore, due to the lack of <br />these areas and the proximity of the town of Nucla, impacts to this species is precluded. <br />The Division finds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). <br />25